IPC 335→BNS 122(2)

IPC 335 to BNS 122(2): Voluntarily causing grievous hurt on provocation

Section 335 IPC (1860) replaced by Section 122(2) BNS (2023)

View IPC Section 335 →View BNS Section 122(2) →

IPC 335 to BNS 122(2) at a Glance

Section 335 IPC (Voluntarily causing grievous hurt on provocation) is now Section 122(2) BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.

What Changed From IPC 335 to BNS 122(2)?

Section 335 IPC is succeeded by Section 122(2) BNS. Under the Bharatiya Nyaya Sanhita, hurt and grievous hurt on provocation are consolidated in Section 122 BNS, with grievous hurt placed in sub-section 2. The maximum imprisonment term increases from four years under Section 335 IPC to five years under Section 122(2) BNS, and the maximum fine rises from two thousand rupees to ten thousand rupees. The statutory Explanation updates the cross-reference from Exception 1 of Section 300 IPC to Exception 1 of Section 101 BNS.

IPC 335 vs BNS 122(2): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section335122(2)
OffenceVoluntarily causing grievous hurt on provocationSame
PunishmentImprisonment of either description for a term which may extend to four years, or fine, or both.Imprisonment of either description for a term which may extend to four years under the Indian Penal Code; imprisonment of either description for a term which may extend to five years under the Bharatiya Nyaya Sanhita.
FineFine which may extend to two thousand rupees, alone or with imprisonment.Fine which may extend to two thousand rupees under the Indian Penal Code, or ten thousand rupees under the Bharatiya Nyaya Sanhita.
BailBailableSame
CognizanceCognizableSame
CompoundableCompoundableSame
Triable ByMagistrate of the first classSame

IPC 335 and BNS 122(2): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 335, IPC 1860

335. Voluntarily causing grievous hurt on provocation.—Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to four years, or with fine which may extend to two thousand rupees, or with both. Explanation.—The last two sections are subject to the same provisos as Exception 1, section 300.
BNS 2023 (in force)

Section 122(2), BNS 2023

(2) Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine which may extend to ten thousand rupees, or with both. Explanation.—This section is subject to the same proviso as Exception 1 of section 101.

Ingredients: IPC 335 vs BNS 122(2)

Under IPC 335
  1. The accused voluntarily caused grievous hurt to another person
  2. The grievous hurt was caused on grave and sudden provocation
  3. The accused neither intended nor knew himself to be likely to cause grievous hurt to any person other than the person who gave the provocation
  4. The provocation was not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person
  5. The provocation was not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant
  6. The provocation was not given by anything done in the lawful exercise of the right of private defence
Under BNS 122(2)
  1. Voluntarily causing grievous hurt on grave and sudden provocation
  2. Neither intending nor knowing oneself to be likely to cause grievous hurt to any person other than the person who gave the provocation
  3. The provocation is subject to the provisos to Exception 1 of Section 101 BNS

What IPC 335 to BNS 122(2) Means for Pending Cases

For Section 335 IPC (now Section 122(2) BNS): the core ingredients remain unchanged, but Section 122(2) BNS enhances both penalties by raising the maximum imprisonment from four years to five years and the maximum fine from two thousand rupees to ten thousand rupees. A prosecution for conduct committed after the new code took effect cites Section 122(2) BNS and exposes the offender to these enhanced statutory ceilings. The offence remains cognizable, bailable, and compoundable without court permission by the person hurt.

FAQs: IPC 335 to BNS 122(2)

What changed from Section 335 IPC to Section 122(2) BNS?▼

The maximum imprisonment term has been raised from four years under Section 335 IPC to five years under Section 122(2) BNS, and the maximum fine has increased from two thousand rupees to ten thousand rupees. The statutory Explanation updates its cross-reference to Exception 1 of Section 101 BNS.

Where is Section 335 IPC located in the Bharatiya Nyaya Sanhita?▼

In Section 122(2) BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of hurt.

Does Section 335 IPC or Section 122(2) BNS apply to an act done before 1 July 2024?▼

Section 335 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 335 IPC. Section 122(2) BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 17 Oct 2026 ·